The scene of the crime: customary law and forensic architecture

I returned from a wonderful visit to Glasgow last week – thanks so much to Jo Sharp, who ensured I had a criminally good time – and I’ve spent this week trying to catch up.  It rained most of the time I was there, and in fact my first impression of the University was of a quadrangle turned into a quagmire: a case of mire in the flood, you might say.  But nothing could dampen my spirits, and in the gaps between marvellous restaurants, coffee shops that would make anyone in Vancouver (or Seattle) green with envy, the best lunch ever, and truly excellent conversation, I gave two talks: one on my skeletal ideas about my new project on Medical-military machines and casualties of war, 1914-2014, and the other a more formal affair on ‘Dirty dancing: drone strikes, spaces of exception and the everywhere war.’ The purpose of the first talk was to explore, largely for graduate students, how I work; it generated a lively discussion, so I thought I would try to do the same in this post but in relation to the second presentation.  And in doing so, I’ll also have more to say about the scene of a real crime.

I’d prepared my formal presentation before I left Vancouver, and as I’ve explained before I now never read from a written text: I design the slides carefully (see my ‘Rules’ here) and talk to them, so that I retain as much flexibility as possible.  It’s a sort of semi-scripted improv, I suppose, and it also means that the argument can develop from one presentation to the next.

On the train up from London I started to think some more about the air strikes on the Federally Administered Tribal Areas (see also herehere and here).  Part of my purpose was to trace a narrative of air attack that, for those now ‘living under drones’, stretched back (at least in memory) to British air control and counterinsurgency on the North West Frontier in the 1920s and the 1930s.

Waziristan bombing 1920s and 30s PNG

War of Terror inside Pakistan PNGI’d made this point before, and sharpened it during an earlier version of the presentation in Beirut, but I’d since realised that the narrative was resumed by the Soviet and Afghan Air Forces striking mujaheddin bases in Pakistan during the Soviet occupation of Afghanistan.  I hadn’t paid much attention to this in The colonial present, where my focus was on the aid provided by the CIA to mujaheddin striking across the border in the opposite direction, but these air raids were described by the Washington Post on 13 March 1988 as part of the USSR’s “war of terror” (really).  They are an important moment in the genealogy of air strikes and counterinsurgency in the FATA, and I’d managed to unearth some estimates of the number of cross-border violations of Pakistani air space and the number skilled and injured in the strikes:

Afghan:Soviet cross-border air strikes 1980-88

Then, in one of the ironic twists of our post 9/11 world, the (il)logic of air war was revived and ramped up by the CIA-directed drone strikes that have convulsed the borderlands since 2004.

I wanted to show, as I’ve argued in previous posts, that this narrative was more than a cross-border affair and that the Pakistan Air Force has been also actively involved in a series of domestic air campaigns: since 2008 it has carried out thousands of air strikes against what it describes as militants, insurgents and terrorists in the FATA.  In fact, the offensive was resumed earlier this year, when F-16 aircraft and helicopter gunships attacked targets in North Waziristan, driving thousands of people from their homes.

the-frontier-crimes-regulationIn some measure, all of these air campaigns raise the spectre of colonial power, but so too does the legal status of the FATA and its exceptional relation to the rest of Pakistan.  This is usually traced back to Lord Curzon’s Frontier Crimes Regulations (1901), which were retained by Pakistan after independence in 1947.  They were minimally revised in 2011, but the FATA are still under the direct executive control of the President through his appointed Political Agents who have absolute authority to decide civil and criminal matters. The exceptional status of the FATA was confirmed by the Actions (in Aid of Civil Power) Regulations in 2011 which exclude the high court from jurisdiction on fundamental rights issues in any area where the Pakistan armed forces have been deployed ‘in aid of the civil power’.

All of this indicates that the FATA constitute a ‘space of exception’ in something like Giorgio Agamben‘s sense of the term: a space in which particular people are knowingly exposed to death through the juridical or quasi-juridical removal of legal protections from them.  This was, in part, my argument, but I was also concerned to show that this was not a matter of a legal void: rather, military and paramilitary violence was orchestrated, as it almost always is, through the law.

But there is quite another sense in which the FATA is not a legal void, despite all the rhetoric about them being ‘lawless’ lands.  So I started to think through the intersections between these formal legal geographies (and the state violence they sanction) and the system of customary law known as Pashtunwali (loosely, “the way of the Pashtuns”).  The system is far from static, but it still governs many areas of life among Pashtuns on both sides of the Afghanistan-Pakistan border whose cultures and communities were bisected when the Durand Line was drawn in 1893.  I’d been reading as much as I could by anthropologists and others to help me understand its contemporary relevance: for recent surveys, see Tom Ginsburg‘s ‘An economic interpretation of the Pashtunwali’ from the University of Chicago Legal Forum (2011) here,  Lutz Rzehak‘s ‘Doing Pashto’ here, and Thomas Ruttig‘s qualifications in relation to the Taliban here.  For a sense of how the US military understands Pashtunwali, as part of its ‘cultural turn’, see Robert Ross‘s thesis here.

Pashtunwali is more than a legal system, of course, but I was particularly interested in its legal force and how this is put into practice.  Many commentators have shown that Pashtunwali is precisely the sort of ‘mobile’ legal system that you would expect to find among (originally) nomadic peoples, for whom the fixed statutes of a centralised state had neither appeal nor purchase.  It includes obligations of hospitality and protection, asylum and refuge, and revenge and restitution, and provides for a system of resolution through a council (or Jirga).  Within its patriarchal and masculinist framework, the system is resolutely non-hierarchical: the men who compose the Jirga sit in a circle and each, as a symbol of authority and equality, carries a gun.

Sitting in a circle, the Jirga has no speaker, no president, no secretary or convener. There are no hierarchical positions and required status of the participants. All are equal and everyone has the right to speak and argue, although, regard for the elders is always there without any authoritarianism or privileged rights attached to it. The Jirga system ensures maximum participation of the people in administering justice and makes sure that justice is manifestly done.

On my way over to the UK I’d read an extremely interesting essay in the International Review of Law and Economics 37 (2014) 108-20 – stored on Good Reader on my iPad – in which Bruce Benson and Zafar Siddiqui argued that the system works not only to provide a decentralised, local and regional system of order and regulation – so Hobbes was wrong: without the state people do not automatically revert to a ‘state of nature’ (Tom Ginsburg is very good on this) – but also to defend the Pashtun from the incursions of the central state.  Indeed, the Frontier Crimes Regulations specifically recognised the validity and autonomy of the Jirga: much more here.  The message from all this was clear: ‘The Pashtun tribes who inhabit the rugged mountains between Afghanistan and Pakistan are neither lawless nor defenceless.’

The Pakistan Taliban know this very well, not surprisingly, and in many instances work with Pashtunwali to mediate disputes in the FATA.  In fact, as the train curved around the Lake District I remembered reading about a Jirga being convened in Datta Khel in March 2011 to resolve a dispute over a chromite mine.  It’s odd how some things stick in your mind, like burrs on your jeans, but this incident had stayed with me because the Jirga had been targeted by the CIA and two Hellfire missiles were launched from a drone, killing more than 40 people.  In itself, that probably wouldn’t have been enough for me to remember it in any detail since it was all too common – but the usual faceless and anonymous US official, speaking off the record because he was not authorised to comment in his official capacity, had offered a series of ever more bizarre justifications for the strike: and I remembered those (as you’ll see in a moment, you could hardly forget them).

uekEs60GsR-YpEwf3VWpqOYckWFvgZ-CMcsK2DT0grQ

So I started to dig some more – WiFi on the train – and discovered that Eyal Weizman and his brilliant colleagues at Goldsmith’s Forensic Architecture had reconstructed this very strike (the image above is from their work):

‘In the absence of on-the-ground photographic or video documentation, and with no visible impact on buildings, this investigation unfolded by cross-referencing witness testimonies with satellite imagery. An examination of before and after satellite imagery indicated two areas with surface disturbance consistent with the reported missile strikes, thus allowing us to confirm the location of the strike. From the testimonies of survivors and eye-witnesses, we harvested spatial information that helped us to generate a 3D model of the site of the drone strike on the Jirga.’

Then all (!) I had to do was go back in to my e-files (each morning I work my way through the press, copying and pasting reports and commentaries into a series of files so that I have my own searchable archive), recover the glosses provided by that anonymous official, and put them together with the reconstruction.  Here’s the result:

Dhatta Khel 1 PNGDhatta Khel 2 PNGDhatta Khel 3 PNG

Dhatta Khel 4 PNGDhatta Khel 5 PNGDhatta Khel 6 PNGDhatta Khel 7 PNGDhatta Khel 8 PNG

You can read more about these reconstructions here (‘The forensics of a lethal drone attack’).  This strike is one of several investigated by the UN’s Special Rapporteur Ben Emmerson, and you can find much more information at the interactive website produced in collaboration with Forensic Architecture and SITU Research that accompanies his written report to the United Nations (28 February 2014) (the Datta Khel incident is summarised in paragraph 50, but the website provides a far richer understanding).  You can also download hi-res versions of Forensic Architecture’s stills and videos here.

3027475-inline-i-un-srct-drone-inquiry

What I find so significant is that the anonymous official provided a series of different and, as I’ve said, bizarre (even offensive) descriptions of what the assembly in Datta Khel was not: but he was clearly incapable of recognising what it was.  This was certainly another performance of the space of exception, but it was plainly not a legal ‘black hole’, as some commentators gloss Agamben.  The only ‘black holes’ were the craters in the ground and the conspicuous failure to recognise the operative presence of customary law.

The radio-controlled television plane

I’ve written before about the long history of drones (UAVs or RPAs, if you prefer – and the Air Force does prefer), and the unrealised intersections between remotely-controlled aircraft and early television: I’m thinking of Archibald Low‘s experiments with what he called Televista in 1914 and his trial pilotless aircraft (codenamed ‘Aerial Target”) in the dog days of the First World War.  I had assumed that the connections did not materialise – and even then in very precarious ways – until the closing stages of the Second World War with the US Project Aphrodite, which I discussed briefly in ‘Lines of Descent’ (DOWNLOADS tab).

But now, via Gizmodo, I discover another way-station that was put in place in 1924.  First published in The Experimenter magazine, and then republished in Television News in 1931 in its March-April issue, an article by Hugo Gernsback described the military operation of a ‘radio-controlled television plane’, directed by radio and navigated using ‘electric eyes’ that would enable ‘the control operator, although 50, 100 or possibly 500 miles away, [to] see exactly what goes on around the plane, just the same as if he himself were seated in the cockpit; with the further advantage that, sitting before a screen, he can scan six directions all at once, which no human aviator can do.’

Television-News-1931-Mar-Apr

And, just like Project Aphrodite and its modern descendants, this would be a hunter-killer mission:

‘The radio-controlled television airplane can then be directed to the spot where it is supposed to drop its bombs. Moreover, the distant-control operator can see exactly when his machine arrives over a given spot. A sighting arrangement can be attached to the plane in such a manner that, when the object to be bombed comes over the cross-wires in the range-finder, the bomb or bombs are dropped at the exact moment.’

But as the illustration indicates – and in contrast to today’s Predators and Reapers – it was assumed that the aircraft would be able to operate in contested air space – and even more effectively than a conventional aircraft:

If, for instance, an enemy airplane suddenly comes out of a cloud and starts dropping bombs on our machine below, the control operator sees this enemy machine quicker 500 miles away, than if an aviator sat in the cockpit one-quarter of a mile away from or below the enemy bomber. The control operator will send a radio signal that will immediately discharge a smoke screen from his radio television plane, hiding his craft in smoke.

Explaining the decision to republish the article, Gernsback accepted that when it first appeared ‘the ideas set forth therein might have appeared more or less fantastic’ – but ‘they are no longer considered so today’:

‘As a matter of fact, the radio-controlled airplane is with us today.  Several of the leading governments have already in their possession airplanes that can now fly and stay aloft for any length of time, within reason, without a pilot or any human being on board.

‘The television adjunct will follow as a matter of course.’

tvglasses

Gernsback was an extraordinary man.  Sometimes hailed as the father of science fiction – hence the Hugo Awards – he was keenly interested in turning his imaginative ideas into material fact.  Even before the First World War he had invented a home radio set.  Matthew Lasar explains:

Gernsback’s “Telimco Wireless” didn’t receive the signals of any broadcast radio stations,  since there were almost none before 1920. But it did ring a bell in an adjacent room without any connecting wires. Such was the sensation the device made that local police demanded a demonstration, following up on a fraud complaint. Satisfied that it worked, the Telimco was subsequently sold in many department stores … until the first World War, when the government banned amateur wireless transmission.

But he was soon fascinated by television; he launched Radio News and then move on to Television News as platforms for his ideas and enthusiasms.  The image above shows him in 1963 wearing his ‘television glasses’.  He died the following year, or he might have invented Google Glass too.

Death, drones and Camp Delta

When I wrote ‘The Black Flag’ (DOWNLOADS tab), exploring the idea of Guantanamo Bay as a space of exception, three young men had just committed suicide in the war prison.  This is how I started:

In the early morning of 10 June 2006 three prisoners held at the military detention facility at the US Naval Station at Guantánamo Bay, Cuba, two from Saudi Arabia and one from Yemen, were found dead in their cells. Although the three men had been detained without trial for several years and none of them had court cases or military commissions pending (none of them had even been charged), the commander of the prison dismissed their suicides as ‘not an act of desperation but an act of asymmetric warfare against us’. Although the three men had been on repeated hunger strikes which ended when they were strapped into restraint chairs and force- fed by nasal tubes, the US Deputy Assistant Secretary of State for Public Diplomacy described their deaths as ‘a Public Relations move to draw attention’ – to what, she did not say – and complained that since detainees had access to lawyers, received mail and had the ability to write to families, ‘it was hard to see why the men had not protested about their situation’. Although by presidential decree prisoners at Guantánamo are subject to indefinite detention and coercive interrogation while they are alive, when President George W. Bush learned of the three deaths he reportedly stressed the importance of treating their dead bodies ‘in a humane and culturally sensitive manner’. 

KAISER Tod in Camp Delta

After ‘The Black Flag’ was published, I read a remarkable account of the despair and desperation of these three men by Mario Kaiser.  His original essay has now been updated and translated into English as ‘Death in Camp Delta‘ at Guernica.  Here is an extract:

At some point during their captivity, these three men began to retreat. They no longer touched the food the guards pushed through the holes in the doors of their cells. Their bodies dwindled. Their lives hung on thin yellow tubes shoved down their nostrils each morning to let a nutrient fluid drip into their stomachs. In their minds, nothing changed. They didn’t want to stay, and one night, on June 9, 2006, they decided to leave Guantánamo. They climbed on top of the sinks in their cells and hanged themselves.

In the Pentagon’s view, the men hanging from the walls of their cells were assassins whose suicides were attacks on America. The Pentagon struck back.

The story of the lives and deaths of these prisoners is an odyssey of three young men who left for Afghanistan and ended up in Cuba. It is the story of a war against a terror that is difficult to define, a war that the United States government wages even in the cells of its prisoners. It is about a place, Camp Delta, that exposes the asymmetry of this war, and it leads to the front lines—and the American lawyers standing between them, struggling to defend presumed enemies of their country. It is the story of the internal and external battle over Guantánamo.

Nobody but the dead knows the whole truth. But there are places where the story can be pieced together. There are files and letters, people who distinctly remember these prisoners. There are places where the strands of this story intersect. A law firm in Washington. A mosque in London. A living room in North Carolina. A cell in Guantánamo.

This is on my mind today for three reasons.  The first is that Kaiser describes himself as

‘a writer who combines in-depth reporting with literary storytelling. Taking on issues of social transformation and human rights, Kaiser’s stories are based on long-term immersion in environments that are difficult to access. His hope is that this approach provides a fuller understanding of the ways in which policies and social change affect people’s lives and long-term prospects.’

It’s worth reflecting on those aspirations if you read his essay (which I urge you to do) because they raise important questions about the lazy distinction between ‘fact’ and ‘fiction’, and about the ability of researchers to produce and animate publics through their (our) work.  There’s something there, too, about the power (and, yes, the seductions) of story-telling: so much academic writing still seems to substitute and so privilege our own narrative (‘I did this… then I did that .. I thought this…. then I felt that’) for the stories of others.  And, as Kaiser shows in that brief extract, those stories are often multi-sited.

AGAMBEN State of exceptionThe second reason Kaiser’s work matters to me is that I’m revisiting ‘The Black Flag’ for The everywhere war (more on this later) and, partly in consequence, thinking again about spaces of exception.  I’m in Mexico this week, and I’ve been re-reading Giorgio Agamben‘s Homo sacer and The state of exception.  I was originally doing this to sharpen my arguments about the Federally Administered Tribal Areas as a space of exception for air strikes by the CIA/JSOC and the Pakistan Air Force – I’ll be talking about this in Glasgow early next month, and I’ll post the presentation slides as soon as I’ve finished – but as I’ve worked my way through these texts still wider issues have emerged.

One of the central elements of Homo sacer (and Remnants of Auschwitz – though here too the differences between the two texts are suggestive) is the deliberate exposure of bodies to death: outcasts from whom the protections of the law have been stripped so that their death is no crime.  But in The state of exception Agamben’s focus is on the genealogy of the ‘force of law’ through which this takes place: the victims are nowhere in sight.  Throughout the short text Agamben makes much of the proximity of war and, for the ’emergency’ that activates the modern state of exception, of the First World War, but war and its developing armature of (international) law is never subjected to critical scrutiny.

Yet war (and its casualties) can reveal something else about spaces of exception.  On the battlefield – and let us immediately agree with Frédéric Mégret that ‘the battlefield’ is a highly unstable conceptual constellation – soldiers are at once vectors and victims of violence.  Here the usual restrictions on killing are removed; they can kill, provided they do so ‘lawfully’, without risk of punishment (‘combatant immunity’).  The other side of the contract, of course, is that those who might kill them are not subject to  legal sanction either.

This is not what Agamben means by the state of exception, and apart from repeated references to a contemporary ‘global civil war’ (and to Guantanamo) the transnational rarely appears in his writing and international law disappears into the margins.  His thumb-nail history of the state of exception is framed by the state and its sovereign.

But for reasons that I’ll set out in a later post, the proximity of the exceptional space of  the ‘battlefield’, of war zones and killing fields, to the ultimate reductions of bare life, is far from accidental.  In fact, that’s one of the links between the three deaths in Guantanamo Bay and air strikes and targeted killings in the Federally Administered Tribal Areas of Pakistan which, as I’ll want to show, requires a radically enlarged view of spaces of exception and their historical geographies.  (In the case of the FATA, the Obama administration insists it requires a radically enlarged juridical conception of the ‘battlefield’ in time and space too).

To be continued.

A wedding turned into a funeral

yemen0214_reportcoverHard on the heels of its report into six US targeted killings in Yemen in 2009 and 2012-13, Human Rights Watch has published a detailed analysis by Letta Tayler of another drone strike carried out by Joint Special Operations Command (JSOC) against a wedding convoy on 12 December 2013.  According to Greg Miller in the Washington Post,

The report represents the most detailed independent examination to date of a strike that has focused attention on the administration’s struggles to tighten the rules for targeted killing, provide more information about such operations to the public and gradually shift full control of the drone campaign from the CIA to the Pentagon.

There is considerable evidence of covert US-Pakistan co-operation in targeting in the Federally Administered Tribal Areas (see here and here), but in the case of Yemen the collaboration is more overt and perhaps even more formalised: Yemen’s President described a ‘joint operations room’, including agents/officers from the US, the UK, NATO and Yemen that ‘identifies in advance’ prospective targets (who are usually described as members of Al-Qaeda in the Arabian Peninsula).

In this case, as in so many others, the United States has insisted that all those killed were terrorists, but HRW’s on-the-ground interviews (and videos) tell a different story.  After a wedding feast at the home of the bride, many of the men and some of the women jumped into their vehicles to escort the bridal couple to a second celebration at in the groom’s village of al Jashem 35 km away.

HRW Drone strike Yemen 12 December 2013

At 4.30 that afternoon four Hellfire missiles struck the vehicles, killing at least 12 men and wounding at least 15 others – who are named and identified in the HRW report, and according to relatives all civilians.

‘We were in a wedding,’ cried the groom, ‘but all of a sudden it became a funeral. …We have nothing, not even tractors or other machinery. We work with our hands. Why did the United States do this to us?’

The US isn’t saying, and HRW notes that accounts from the government of Yemen have been inconsistent – though the local governor an military commander apologies for the killings, describing them as ‘a mistake’.  Some reports agreed that some of those targeted were Al-Qaeda members – though if so, it seems they escaped: AQAP has not identified ‘martyrs’ lost in the attack, which is its invariable practice – and some claimed that the victims included ‘smugglers and arms dealers’.

2014181435057734_20

But they also all made it clear that this was a wedding convoy that was targeted, and the government of Yemen has made compensation payments to the families.

HRW discusses the implications of the killings under the different legal regimes of international humanitarian law (the ‘laws of war’) and international human rights law, but also notes that the attack seems to have violated the protocols set out by the Obama administration in May 2013.  These included the ‘near-certainty that no civilians will be killed or injured…’

NBC – which also has video of the aftermath of the strike – reported in January that the Obama administration was carrying out an ‘internal investigation’, but nothing has been forthcoming and questions from HRW were rebuffed.  All we have so far is this extraordinary statement, reported by  Rooj Alwazir for al Jazeera:

“Obviously, broadly speaking, we take every effort to minimise civilian casualties in counterterrorism operations – broadly speaking, without speaking to this one specifically,” State Department deputy spokeswoman Marie Harf said when asked about the strike.

‘Broadly speaking’, what is it about weddings that those carrying out air strikes don’t understand?

It’s not difficult to imagine what those who attended the wedding will remember of that day.  But in case it is, Reprieve (which carried out its own investigation into the strike) has published photographs of some of the victims and their families – and of a funeral of nine people.

UPDATE:  AP is now carrying sketchy information about the official investigation into the strike:

Three U.S. officials said the U.S. government did investigate the strike against al-Badani — twice — and concluded that only members of al-Qaida were killed in the three vehicles that were hit…

Lt. Gen. Joseph Votel, commander of Joint Special Operations Command, ordered an independent investigation by an Air Force general and the White House requested another by the National Counterterrorism Center. Both concluded no civilians were killed. Votel’s staff also showed lawmakers video of the operation. Two U.S. officials who watched the video and were briefed on the investigations said it showed three trucks in the convoy were hit, all carrying armed men.

The report provides no basis for the identification of the victims as non-civilians.  Human Rights Watch had already questioned the presence of armed men as indicative:

‘Nearly everyone in the procession was an adult male, and one Yemeni government source said many of the men carried military assault rifles. But these details do not necessarily point to involvement in violent militancy. Yemeni weddings are segregated, including the traditional journey to bring the bride to her new home. And Yemeni men commonly travel with assault rifles in tribal areas, including in wedding processions, when celebratory gunshots are common.’

But here is the final Catch-22:

The officials said the Pentagon can’t release details [of the strike or the investigation] because both the U.S. military and the CIA fly drones over Yemen. By statute, the military strikes can be acknowledged, but the CIA operations cannot. The officials said that if they explain one strike but not another, they are revealing by default which ones are being carried out by the CIA.

Drones and asymmetric war

Thanks to the Aviationist for the link.

(in)Humanity and drones

SATIA Spies in ArabiaThe latest issue of Humanity: an international journal of human rights, humanitarianism and development 5 (1) (2014) – see my previous post here – contains a wonderful dossier on Drones between past and present.  It includes Priya Satia, whose work I’ve admired ever since I read her wonderful Spies in Arabia: The Great War and the Cultural Foundations of Britain’s Covert Empire in the Middle East, on ‘Drones: a history from the Middle East’ (pp. 1-31), Anna Chotzen on ‘Beyond bounds: Morocco’s Rif War and the limits of international law’ (pp. 33-54: ‘From a legal standpoint, the United States’ drone offensives are eerily similar to Spain’s chemical war in Morocco a century ago’), and a Photo Esssay from Trevor Paglen (pp. 57-71), introduced by Nicholas Guilhot (pp. 55-56).

Priya’s essay is of particular interest to me, since it recovers the genealogy and, crucially, what she calls ‘the cultural history of bombardment’ that connects colonial practices of ‘air control’ to the ideologies that activate the drone strikes prosecuted by the US in Afghanistan, Pakistan and elsewhere.  She’s more sanguine about the transparency of those carried out by the USAF in Afghanistan than I am:

‘… in my conversations with military officers, it is clear how strongly the USAF wishes to distinguish its use of drones from ‘‘other agencies’ ’’ use of them, even while acknowledging that tactics are shared. The USAF’s drone strikes in Afghanistan are transparent; a JAG (judge advocate) assesses the proportionality of the action and the likelihood of collateral damage; official casualty figures line up well with independent counts.’

I now suspect it’s more than ‘tactics’ that are shared, and the lines between the USAF and the CIA are more blurred than – I agree – most military officers would wish.  And my project on ‘Militarized vision‘ is trying to identify the parameters within which the USAF’s transparency and its visual mediations operate.  But as she goes on to say, ‘However, all of this hardly matters politically, given the older and more recent history of aerial counterinsurgency in these regions.’  And she provides a rich and compelling account of that history and its traces in present memories and (para)military practices.

PAGLEN Untitled (Predator drone) 2013

More dirty dancing

As I work on turning my Beirut talk on drone strikes in the Federally Administered Tribal Areas (FATA) into a long-form version – which includes a detailed and critical engagement with Giorgio Agamben‘s characterisation of the state/space of exception – I’ll post some of the key arguments here.  But for now, two important developments.

Document-excerpt

First, the Bureau of Investigative Journalism has just published a list of 330 drone strikes  between 2006 and July 2013 (data for the five strikes that took place in 2007 are missing) compiled by the Pakistan government (see extract above); this is an update of a partial release from the Bureau last summer.  The source is a series of reports filed each evening by Political Agents in the field to the FATA secretariat, and while it’s not a comprehensive listing – and Islamabad relies on other sources too – the document closely follows the Bureau’s own database compiled from other independent sources.  It also allows for a more accurate mapping of the strikes – more to come on this.

But one key difference between the list and the Bureau’s database is that, following the election of Obama, the official reports no longer attempted to classify the victims as combatants or civilians: and the coincidence may not be coincidental.  According to Chris Woods,

‘One of my sources, a former Pakistani minister, has indicated that local officials may have come under pressure to play down drone civilian deaths following the election of Barack Obama. It’s certainly of concern that almost all mention of non-combatant casualties simply disappears from this document after 2009, despite significant evidence to the contrary.’

One of the most egregious omissions is the drone strike on 24 October 2012 that killed Mamana Bibi, a grandmother tending the fields with her grandchildren.  The case was documented extensively by Amnesty International and yet, as the Bureau notes, while the date and location of the strike is recorded the report from the political agent is remarkably terse and makes nothing of her evident civilian status.

‘If a case as well-documented as Mamana Bibi’s isn’t recorded as a civilian death, that raises questions about whether any state records of these strikes can be seen as reliable, beyond the most basic information,’ said Mustafa Qadri, a researcher for Amnesty International…. ‘It also raises questions of complicity on the part of the Pakistan state – has there been a decision to stop recording civilians deaths?’

These are important questions, and in fact one of the central objectives of my own essay is to document the close, covert co-operation between the US and Pakistani authorities: what I called, in an earlier post, dirty dancing, trading partly on Jeremy Scahill’s inventory of ‘dirty wars’ and partly on Joshua Foust‘s calling out of the ‘Islamabad drone dance’.

We now know that this collaboration continued at the very least until late 2011.  The CIA’s Counterterrorism Center routinely prepared reports that included maps (see below) and pre- and post-strike imagery that were briefed by the Deputy Director to Husain Haqqani, the Pakistani ambassador in Washington, and subsequently transmitted to Islamabad.

US_Pakistan_Panorama21382550661-1

And consistent with the reports from Political Agents to the FATA Secretariat, Greg Miller and Bob Woodward note that in these briefings:

Although often uncertain about the identities of its targets, the CIA expresses remarkable confidence in its accuracy, repeatedly ruling out the possibility that any civilians were killed.  One table estimates that as many as 152 “combatants” were killed and 26 were injured during the first six months of 2011. Lengthy columns with spaces to record civilian deaths or injuries contain nothing but zeroes.

The collaboration is important, because it has major implications for how one thinks about the Federally Administered Tribal Areas as a ‘space of exception’: there are multiple legal regimes through which the people who live in these borderlands are knowingly and deliberately ‘exposed to death’, as Agamben would have it.  More on this later, but for now there is a second, more substantive point to be sharpened.

I’ve previously emphasised that the people of FATA are not only ‘living under drones‘, as the Stanford/NYU legal team put it last year, but also under the threat of air strikes from the Pakistan Air Force.  Last week the PAF resumed air strikes against leaders of the Tehrik-i-Taliban Pakistan (TTP) in North Waziristan, using first F-16 aircraft and then helicopter gunships to attack what were described as ‘eight major targets’ in the villages of Mir Ali (Hamzoni, Issori, Khadi and Nawana). Although the Air Force described the operation as a ‘blitz’, it initially claimed that only two people were killed.  A different story soon emerged.

MIR ALI

According to Pakistan’s International News, the air raids started just before midnight on 20 January, and people ‘left their homes in desperation and spent the night in the open along with children when the jets started bombing.’

There were conflicting reports about the identity of those killed. Military authorities said all the 40 people killed in the overnight aerial strikes were hardcore militants or their relatives and family members.

However, tribesmen in Mir Ali subdivision insisted that some local villagers, including women, children and elderly people, were also killed in the bombing by the PAF’s fighter aircraft and Pakistan Army’s helicopter gunships as residential areas were attacked.

848700893_1390366252

Several days later there were reports of hundreds – even thousands – of people fleeing the area in anticipation of continuing and intensifying military operations.  On 25 January the Express Tribune reported:

“Most of the families of Mir Ali Bazaar and adjacent areas have been leaving,” Abdullah Wazir, a resident of Spin Wam told The Express Tribune, adding, “women and children have been leaving with household materials, but livestock and larger items of belongings are being abandoned by these families.”

“It is difficult to find shelter in Bannu,” said Janath Noor, aged 38, who travelled there with her family. “There are problems at home and here in Bannu too.” She added that the families were forced to act independently as the political administrations in North Waziristan and Bannu have not made arrangements for the fleeing families. Some families reportedly spent the night under the open sky in Bannu town, waiting for any available shelter.

Some IDPs have also faced problems such as harassment at the hands of the police, requests for bribes, soaring rates of transport from Mir Ali and inflated rents for houses in Bannu. Some families, suspected of being militants, have had problems finding accommodation in Bannu district.

Mir Ali:Bannu

By 27 January the government estimated that 8,000 people had arrived in Bannu, while many others unable to find shelter and unwilling to sleep in the open had hone on to Peshawar and elsewhere.  But the head of the FATA Disaster Management Authority declared that ‘No military operation has been announced in the tribal area so there are no instructions to make arrangements for the internally displaced people.’

Most local people were clearly sceptical about that and, certainly, there were authoritative claims that Pakistan was being put ‘on a war footing’ to counter the surging power of the TTP.  In the same week that the air strikes were launched, Islamabad promulgated an amended Protection of Pakistan Ordinance (PPO), modelled on the imperial Rowlatt Act of 1919, that included provisions for secret courts, greater shoot-to-kill license for the police, house raids without warrants and the detention of terror suspects without charge. Rana Sanaullah, Minister for Law, Parliamentary Affairs and Public Prosecution in the Punjab and a close confidant of Prime Minister Nawaz Sharif, told the Guardian: ‘I think what will be done will be no worse than what has happened in Guantánamo Bay.’  Not surprisingly, he also offered support for the US drone strikes:

‘We believe that drone attacks damage the terrorists, very much… Inside, everyone believes that drone attacks are good; but outside, everyone condemn because the drones are American.’

And, as I’ll try to show in a later post, it’s a different inside/outside indistinction that plays a vital role in producing the FATA as a space of exception.

Predatory networks

A key moment in the development of the United States’ UAV program was the deployment of a prototype Predator – General Atomics’ GNAT-750 – over Bosnia.  This is how I summarised the accelerated fielding program in ‘Moving targets’ (DOWNLOADS tab):

Even as the GNAT-750 was deployed over Bosnia-Herzegovina, the design was being developed into a new platform, the RQ-1 Predator, which incorporated three major modifications. The original intention had been to provide still imagery and text interpretation, but this was replaced by real-time motion video in colour (by day) and infrared (by night). A more serious limitation was range; the GNAT-750 could only operate 150 miles from the ground control station because it relied on a C-band line of sight data link. The CIA experimented with using relay aircraft to expedite data transmission – the same solution that had been used for the ‘electronic battlefield’ along the Ho Chi Minh Trail – but the breakthrough came with the use of the Ku-band satellite system that dramatically increased the operational range. The upgrade had been tested in the United States, and was retrofitted to Predators in Europe in August 1995. Although data was then rapidly transmitted across the Atlantic, the key intelligence nodes were still in Europe, like the Combined Air Operations Centre at Vicenza in Italy, and the drones were still controlled from ground stations within the region, at first from Gjader in Albania and later from Tazar in Hungary. A third, no less revolutionary innovation was the installation of an onboard global positioning system (GPS); early target imagery had to be geo-located using a PowerScene software program, but the introduction of satellite-linked GPS made a considerable difference to the speed and accuracy of targeting.

But I now think this misses other even more important dimensions that speak directly to the fabrication of the network in which Predators and eventually Reapers become embedded.

My primary source is a remarkable MIT PhD thesis by Lt. Col. Timothy Cullen, The MQ-9 Reaper Remotely Piloted Aircraft: Humans and Machines in Action (2011).  The research involved interviews with 50 pilots, 26 sensor operators, 13 Mission Intelligence Coordinators and 8 imagery analysts between 2009-2010 (so this is inevitably a snapshot of a changing program – but one with a wide field of view) and direct observation of training missions at Holloman Air Force Base; the thesis is also informed by Cullen’s own, considerable experience as a pilot of conventional strike aircraft and by actor-network theory, though most particularly by Edward Hutchins‘ cognitive ethnography and by the work of Lucy Suchman.

CULLEN p. 94I should say, too, that the thesis is irony made flesh, so to speak.  The author notes that:

Missing from public discussions are the details of remote air operations in current conflicts and the role of social networks, organizational culture, and professional practices in the evolution and history of RPA. The public cannot have informed discussions about these topics without empirical observations and descriptions of how RPA operators actually fly and employ the aircraft.

Fair enough, of course, but parts of the thesis are heavily redacted; I realise this isn’t – can’t – be Cullen’s doing, but it is as frustrating for the reader as it surely must be for the author (for Private Eye devotees, the image on the right shows p. 94).  Still, there’s enough in plain sight to provide a series of arresting insights into the development of the UAV program.

First, early Predator crews were remarkably detached from the wider mission and their ability to communicate with people outside their Ground Control Stations was extremely limited.  The pilot’s primary responsibility was to program the aircraft to fly on autopilot from target to target and to monitor the flight path, while two sensor operators identified and tracked the targets whose images were to be captured.  In a tent outside the ground control station a ‘Mission Planning Cell’ (MPC: see photograph below) served as the communications interface; since this was an experimental system, the Ground Control Station was not permitted to receive or transmit sensitive or classified information.  Apart from the transmission of images, all communications between the two were either face-to-face (literally through the tent flaps) or via a telephone link.

GCS and Mission Planning Cell, Hungary 1996

Before a mission the MPC received a set of 50-300 imagery targets (known as ‘Collection Points’) from the Balkans Combined Air Operations Center in Vicenza in Italy, and used this to create a detailed target deck.  The time between the initial requests and final image capture steadily decreased from 72 hours to 48 hours, and eventually re-tasking during a mission became standard: more on the tasking process here.

Bosnia imageryThe video feeds from the Predator were sent via coaxial cable to the MPC where they were digitised and encrypted for onward transmission over a secure network to commanders in the field and to a group of 10-12  imagery analysts in the United States.  The analysts posted video clips and annotated stills on a classified web page, but the quality of the video feeds with which they had to work was significantly less than the raw feeds available in theatre, and the slow response time was another serious limitation on the value of their work.

At the time, of course, all this seemed revolutionary, and the second Annual Report on the UAV program in 1996 declared that:

Even more significant than the Predator performance “firsts” is the wide use made of its imagery, amplified by the increased network of receiving stations both in-theater and back in CONUS [continental US]. The development of this dissemination capability is shown below.

conus

It first used VSATs at selected receiving sites, and then the SATCOM-based Joint Broadcast System (JBS). The Predator-JBS network represents the first time for the simultaneous broadcast of live UAV video to more than 15 users. This provided a common picture of the “battlefield.” Video imagery can be viewed either as full motion video or via a “mosaicking” technique at the ground station. 

[JAC Molesworth was the Joint Analysis Center at RAF Molesworth in the UK, US European Command’s intelligence center, and DISN is the Defense Information Systems Network for data, video and voice services].

But the system was far from responsive; the MPC filtered all communications from commanders and imagery analysts and, as the tasking diagram below shows, whether the cycle followed the standard model or allowed for more flexible re-tasking the Predator crew had very little discretion and was, in a substantial sense, what Cullen calls ‘a passive source of data’.  Its responsibilities were limited to the ‘physical control’ of the platform.

figure8-1

This has been transformed by the cumulative construction of an extended, distributed network in which UAV crews are in direct communication, either by voice or through secure internet chatrooms, with multiple agents: commanders, military lawyers, image analysts, joint terminal attack controllers and ground troops.  But this was not how the system was originally conceived or fielded, and Cullen shows that its transformation depended on the skilled intervention of UAV crews and their commanders who ‘envisioned and used the system as a collaborative network of operators, intelligence analysts, and ground personnel to establish objectives, exchange information, and understand the context of a mission’:

‘RPA [Remotely Piloted Aircraft] operators restructured the ground control station and crew tasks to shift the actions of crewmembers from low status missions of gathering and disseminating data to higher status tasks of integrating and creating information, participating in the assessment of threats, and actively contributing to commanders’ decision-making processes. RPA operators were not satisfied with simple connections to a network of people and tools to accomplish a mission. They sought and fostered social relationships with them and demanded interactive dialog among them in a form they could anticipate, understand, and evaluate’ (Cullen, p. 204).

Second, early Predator operations, not only in the Balkans in the late 1990s but also over southern Iraq and in Afghanistan, were not what would later become known as ‘remote-split operations’.  It was assumed that the Predator had to be operated as close to the combat theatre as possible. This was not only because of the platform’s limited range, important though this is: as I’ve said before, these are not weapons of global reach.  Indeed, it’s still the case that Predators and Reapers have to be physically close to their theatre of operations, which is why the United States has become so alarmed at the implications of a complete withdrawal from Afghanistan for the CIA’s program of targeted killing in Pakistan.  According to David Sanger and Eric Schmitt,

‘Their concern is that the nearest alternative bases are too far away for drones to reach the mountainous territory in Pakistan where the remnants of Al Qaeda’s central command are hiding. Those bases would also be too distant to monitor and respond as quickly as American forces can today if there were a crisis in the region, such as missing nuclear material or weapons in Pakistan and India.’ 

For the ‘no-fly zone’ established over southern Iraq reconnaissance flights were flown by Predators from Ali Al Salem Air Base in Kuwait, and for the initial campaign in Afghanistan from Jacobad in Pakistan, and Cullen explains that the vulnerability of these (‘austere’) sites limited the MPC’s access to secure networks, communications and databases.  But in 2002-3 USAF pilots and sensor operators returning from secondment to – Cullen actually calls it ‘kidnapping’ – ‘other agencies’, which is to say the CIA, successfully argued that the primary execution of remote missions should be consolidated at Nellis Air Force Base and its auxiliary field, Indian Springs (later re-named Creech AFB), in southern Nevada, which would expand and enhance crews’ access to secure intelligence and analysis capabilities.  There would still have to be a forward deployed ‘Launch and Recovery’ element to maintain the aircraft and to control take-off and landing using a line of sight link, but all other mission tasks could be handled from the continental United States using a Ku-band satellite link via a portal at Ramstein Air Force Base in Germany.  When remote split operations started in 2003 the MPC disappeared, replaced by a single Mission Intelligence Co-ordinator who was stationed inside the Ground Control Station in constant communication with the pilot and sensor operator and this, in turn, transformed the configuration and equipment inside the GCS.  But, crucially, relations beyond the GCS were also transformed as USAF commanders visited Afghanistan and Iraq and established close relations with ground troops: ‘remote’ and ‘split’ could not imply detachment, and the new technological networks had to be infused with new social interactions for the system to be effective.

Remote-Split Operations (USAF)

Focal to these transformations – and a crucial driver of the process of network construction and transformation – was the decision to arm the Predator and turn it into a ‘hunter-killer’ platform.  At that point, Cullen observes,

‘Predator pilots became decision makers, and Predator’s weapons transformed Predator pilots and sensor operators into war fighters – Predator crews could create effects on the battlefield they could observe, evaluate and adjust… The arming of the Predator was synonymous with the integration of the system – the people, tools and practices of the Predator community – into military operations’ (pp. 245-7).

The reverse was also true: not only was the Predator integrated into the battlespace but, as Cullen notes, the network was ‘infused’ into the Ground Control Station. In consequence, a sensation of what Cullen calls ‘remote presence’ was inculcated amongst UAV crews and, in particular, sensor operators who developed a strong sense of being part of the machinic complex, ‘becoming the camera’ so intimately that they were ‘transported’ above the battlespace.  These transformations were stepped up with the development of the Reaper, reinforced by new practices and by the introduction of a new, profoundly combative discourse that distanced the Reaper from the Predator:

‘[T]o reinforce the power and responsibility of Reaper crews, members of the 42nd Attack Squadron changed the language of their work. Sensor operators did not operate a sensor ball; they flew a “targeting pod” like fighter pilots and weapon system officers. Reaper pilots and sensor operators did not have a “mission intelligence coordinator”; they coordinated strike missions with the support of an “intelligence crewmember.” Reaper crews did not conduct “intelligence, surveillance, and reconnaissance” missions; they flew “non-traditional” intelligence missions like fighter and bomber crews. Members of the 42nd Attack Squadron used the rhetoric of the fighter community to highlight the strike capabilities of Reaper; to influence the perceptions of Reaper operators; and to shape the priorities, attention, and assertiveness of Reaper crews during a mission’ (p. 264)

The language was performative, but its performative force – the ability to ‘create effects on the battlefield’ – was realised through the developing networks within which and through which it was deployed.

To be continued.